Product Patent Rights. Subject to Section 8.3.6 and Section 2.4.4.2(b), Merck will have the sole right and authority, but not the obligation, to prepare, file, prosecute and maintain the Product Patent Rights covering or claiming such Licensed Product on a worldwide basis and to be responsible for any related interference, re-issuance, re-examination and opposition proceedings, in each case, at Merck’s sole expense.
Product Patent Rights. As between the Parties, Xxxxxx shall have the initial right to file, prosecute and maintain the Product Patent Rights, at Allena’s expense. In the event that Xxxxxx desires to abandon any Product Patent Right, or if Xxxxxx later declines responsibility for any Product Patent Right, Xxxxxx shall provide reasonable prior written notice to Xxxxxx of such intention to abandon or decline responsibility (which notice shall, in any event, be given no later than [***] days prior to the next deadline for any action that may be taken with respect to such Product Patent Right with the U.S. Patent & Trademark Office or any foreign patent office), and Xxxxxx shall have the right, at its expense, to prepare, file, prosecute, and maintain such Product Patent Right
Product Patent Rights. As between the Parties, Xxxxxx shall have the first right, but not the obligation, to enforce the Product Patent Rights against any and all actual or suspected infringements of any Product Patent Rights by Third Parties making, using or selling in the Field in the Territory a product that is or may be competitive with a Licensed Product (“Competitive Infringement”), and Xxxxxx shall have the right, at its own expense, to be represented in any such action by counsel of its own choice. If Xxxxxx fails to bring any such action or proceeding within (as [***] days following the notice of alleged infringement or (b) [***] days before the time limit, if any, set forth in the appropriate laws and regulations for the filing of such actions, whichever comes first, then Xxxxxx shall have the right to bring and control any such action at its own expense and by counsel of its own choice, and Xxxxxx shall have the right, at its own expense, to be represented in any such action by counsel of its own choice. In the event a Party brings an infringement action in accordance with this Section 6.2(b), the other Party shall, at the enforcing Party’s expense, cooperate fully, including, if required to bring such action, the furnishing of a power of attorney or being named as a party. Neither Party shall have the right to settle any patent infringement litigation under this Section 6.2(b) that includes any agreement or admission that any of the Product Patent Rights is invalid or unenforceable or that imposes any restriction or obligation on the other Party without the prior written consent of the other Party, which shall not be unreasonably withheld.
Product Patent Rights. Notwithstanding Section 7.3.2, during the Research Program Term, with respect to the Patent Rights constituting or claiming Product IP (“Product Patent Rights”), DICERNA shall:
Product Patent Rights. As between the Parties, during the License Term, [***] will have the first right, but not the obligation, to determine the appropriate course of action to enforce the Product Patent Rights or otherwise xxxxx the Infringement thereof, to take (or refrain from taking) appropriate action to enforce the Product Patent Rights, to control any litigation or other enforcement action and to enter into or permit the settlement of any such litigation or other enforcement action with respect to Product Patent Rights. [***] will in good faith consider the interests of [***] in conducting the foregoing activities. [***] will prosecute such action at its own expense and by counsel of its own choice. [***] will render, at [***] expense, all reasonable assistance as requested by [***] in connection with any such action initiated, conducted or prosecuted by [***] , including [***] right to join [***] as plaintiff as necessary for [***] to bring and conduct such action or proceeding and, in case of joining, [***] agrees to give [***] reasonable assistance and authority to file and to prosecute the same. [***] will have the right, at [***] expense, to be represented in any such action by counsel of its own choice, provided that [***] will at all times retain control of such action or proceeding, and [***] and its counsel will reasonably cooperate with [***] and its counsel, if applicable, in strategizing, preparing and presenting any such action or proceeding. If [***] fails to bring an action or proceeding with respect to infringement of any Product Patent Rights as set forth in this Section 8.4(b) within the sooner to occur of (i) [***] following Infringement Notice or (ii) [***] before the time limit, if any, set forth in Applicable Laws for the filing of such actions, [***] will have the right, but not the obligation (i.e., it has the right to indulge such infringement) to bring and control any such action at its own expense and using counsel of its own choice. Upon [***] request, [***] will, at [***] expense, timely join as party-plaintiff in any such litigation and reasonably cooperate with [***] in connection with such infringement action and have the right, at [***] expense, to be represented in any such action by counsel of its own choice, including timely filing such action in [***] name if required. Except as otherwise agreed to by the Parties as part of a cost-sharing arrangement, any recovery or damages realized as a result of such action or proceeding, whether b...
Product Patent Rights. Product Patent Rights currently consists of all patents and patent applications owned by the Company, or licensed or sublicensed by the Company, pursuant to the In-License Agreements, including but not limited to, the following: The following patents and patent applications owned by the Company:
Product Patent Rights. Xxxxxxx shall have the first right to enforce a Product Patent Right with respect to any Third-Party Infringement, and to defend any declaratory judgment action with respect thereto, at its own expense and by counsel of its own choice and in the name of Xxxxxxx (or a Xxxxxxx Affiliate) and shall notify F-star of such enforcement actions. 5209973 v18
Product Patent Rights. Upon request of Licensee, Licensor shall file for extensions of the Product Patent Rights in each country and region, at Licensee’s cost and expense. Licensor shall give written notice to Licensee of the need for extensions of the Product Patent Rights to maintain such Product Patent Rights at least sixty (60) days before the deadline for any such filing. Licensee may also choose, at its option, to file for any such extension at its own expense. In such case that Licensee chooses to file for any such extension, Licensor shall provide all reasonably requested assistance to Licensee in connection with such filings at Licensee’s request. Licensor shall have the right, but not the obligation, to file for an extension of the Product Patent Rights at its expense in any country in which Licensee declines to pursue an extension.
Product Patent Rights. ImmunoGen, acting through patent counsel or agents of its choice, shall have the sole right to prepare, file, prosecute, and maintain (including responding to inter partes reviews, post-grant reviews, and similar oppositions in other jurisdictions) at ImmunoGen’s sole expense all Product Patent Rights. ImmunoGen shall [***] of all Product Patent Rights. ImmunoGen shall [***], and ImmunoGen shall [***] relating thereto, including [***]. ImmunoGen’s obligations and [***] under this Section 8.2.1 with respect to any particular Product Patent Rights shall terminate on the expiration of all Jazz Options with respect to all Collaboration Products covered or claimed by the applicable Product Patent Rights or Jazz’s earlier exercise of its Opt-Outs with respect to all such Collaboration Products.
Product Patent Rights. Promptly after the Effective Date, [***] shall [***] and shall take all actions and execute all documents reasonably necessary for [***] the prosecution, maintenance, and defense of the Product Patent Rights. [***], acting through patent counsel or agents of its choice, shall have the right, but not the obligation, in its sole discretion, to prepare, file, prosecute, and maintain Product Patent Rights (including by responding to any office action or filing other formal papers related to any appeal, reissue, inter partes review, post-grant review, opposition or any other patent office or court proceeding worldwide involving Product Patent Rights covered by this section 9.2.4 (collectively, “Patent-Related Filings”)), provided that [***] shall [***]. With respect to prosecution of Product Patent Rights, [***] will provide [***] with a copy of any proposed Patent-Related Filing for review and comment reasonably in advance of filing. [***] will [***] that such filing [***]. [***] shall also provide [***] a reasonable time prior to taking or failing to take any action that would affect the scope or validity of any Product Patent Rights (including the substantial narrowing, cancellation or abandonment of any claim(s) without retaining the right to pursue such subject matter in a separate application, or the failure to file or perfect the filing of any claim(s) in any country), with prior written notice of such proposed Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. action or inaction so that [***] has a reasonable opportunity to review and comment and consider assuming responsibility for such Product Patent Rights pursuant to Section 9.3.2 of this Agreement.
